Terms and Conditions and Privacy Policy
These Terms and Conditions are entered into by and between You and FlyBuds and its affiliated entities and brands (“Company,” “we,” or “us”). The following terms and conditions, govern your access to, use of any content, association or correspondence with, and services offered, on or through this website or related webpages (the “Website”), whether as a guest, customer, or a registered user.
Please read these Terms and Conditions carefully before you start to use the Website or services. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, herein. If you do not want to agree to these Terms and Conditions, you must not access or use the Website.
Disclaimers & Acknowledgments
Acknowledgment of Federal Law
You expressly acknowledge that Marijuana is included on Schedule 1 of the Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge that the interstate transportation of marijuana is a federal offense. The Company disclaims any and all liability relating to the use of its devices, capsules and applications in violation of any federal laws, rules and/or regulations.
Acknowledgment of State Law
You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in all States unless all participants are acting completely within the scope of the State’s respective medical and/or adult-use cannabis laws, rules and regulations. The Company disclaims any and all liability relating to the use of its website and applications in violation of any state laws, rules and/or regulations.
WARNING: Products sold by or from the Company’s Website or Mobile Application may contain marijuana that contain chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm. You hereby acknowledge that the Company has warned you of such potential harm and that you are aware of such potential harm.
No FlyBuds products should be used by anyone under the age of 18, any women pregnant or any person operating heavy machinery or a motor vehicle.
Acknowledgment of the Laws of User’s State of Residency
You must abide by and follow the laws of the state and municipality in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state and municipality of your residency.
The Website is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Modifications
We may revise and update these Terms and Conditions and/or website from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. FlyBuds encourages visitors to frequently check this page for any changes to its policies.Guarantees/Limitations
FlyBuds guarantees all of its products. If for whatever reason, you are not satisfied with your order, FlyBuds will refund you for the full purchase or give you a credit for the amount spent. The claim for a refund/credit must be made within 5 days of the purchase. When requesting a refund/credit, the remaining items of the original order must be returned to FlyBuds upon receipt of refund/credit.
FlyBuds has an average ETA of one (1) hour. This is not a guaranteed ETA. In some cases, the ETA may be longer or shorter than one (1) hour. It is the responsibility of the customer to submit a working cell phone number and correct delivery address when placing their order so that FlyBuds can communicate ETAs and arrive at the correct address.
All products on our menu are subject to change and availability. FlyBuds does not cultivate or manufacture any of the products on its menu. All products are sourced from reputable third-parties.
FlyBuds will provide same-day delivery for orders of at least $40. The total of the order must be $40 after all discounts are applied. The minimum order amount only applies to the specific areas that we service (see “Areas We Service” in “About” tab on the website). These areas are subject to change. FlyBuds will still be able to provide same-day deliveries to areas that are not located in the regular areas we service but the minimum amount for order will be higher. The new minimum amount will be calculated once the delivery address is provided to FlyBuds.
FlyBuds does not provide same-day delivery services anywhere outside of California. FlyBuds can ship outside of California but the items shipped are restricted to CBD products. A $10 Flat Rate shipping fee will be added to all shipping orders. FlyBuds cannot ship THC products in or out of California.
Payments
FlyBuds only accepts payments via Cash or Venmo. Orders can be cancelled with no charge, except in the case where a driver is already enroute to the customer’s address. If the order is cancelled after the driver is already in route, a $10 surcharge will be charged to the customer’s account.Delivery
FlyBuds is not required to bring the order to the customer’s doorstep on arrival. FlyBuds will always call and text the customer upon arrival so that they can exit their home to accept the order. FlyBuds will only wait for a period of 5 minutes for the customer to accept the order. If the customer cannot accept the order within 5 minutes, FlyBuds will cancel the order and the driver will leave, resulting in a $10 surcharge to the customer’s account.
Customers must be at least 21 years of age to receive orders from FlyBuds. A valid State or Federal ID (USA only) will have to be submitted when placing the order. Customers who are at least 18 years of age can also receive orders from FlyBuds but they will need to provide a valid Doctor’s Recommendation (along with their valid State or Federal ID) for the use of Cannabis when placing their order. When receiving their order, the customer must present the same ID and/or doctor’s recommendation to the driver prior to receiving their order. The customer who placed the order must be the same person on the ID. The person receiving the order must be the same person on the ID.
FlyBuds cannot leave orders in unattended areas such as patios, under doormats, etc. The only place that FlyBuds can leave an unattended order is inside a mailbox. The mailbox must be large enough to fit the entire package so that it can be closed completely. If such a mailbox is not available on arrival, and the customer cannot accept the order by hand within the five (5) minute wait time, the order will be canceled and a $10 surcharge will be added to the customer’s account.
Weight Classifications
All flower weights will be defined as follows:
“1 Gram” is at least 1.0 grams.
“8th” is at least 3.5 grams.
“Quad” is at least 7.0 grams.
“Half” is at least 14.0 grams.
“Ounce” is at least 28.0 grams.
All flower weights are measured with the use of an electronic balance which is calibrated prior to each use.
Notifications
By placing an order with FlyBuds, you agree to receive phone, text and email communication from FlyBuds.
Privacy Policy
Your privacy is critically important to us.
While FlyBuds does not operate in a physical retail store, the company is located in Buena Park, California.
This Privacy Policy applies to FlyBuds (hereinafter, “us”, “we”, or “FlyBuds“). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
Website Visitors
Like most website operators, FlyBuds may collect non-identifying information on its users, that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. FlyBud’s primary purpose in collecting non-personally identifying information is to better understand how FlyBuds‘ visitors use its website. From time to time, FlyBuds reserves the right to release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website, or in other such manner consistent with these Terms and Conditions. FlyBuds also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
To purchase products or access some resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
By using this website and Company, you also agree to keep your password, and all personally identifying information, confidential and properly protected. This includes keeping your password private, not allowing unauthorized access, making sure you aren’t remaining logged in on a public or shared computer, or otherwise breaching security, this privacy policy or these terms and conditions.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other third parties and are protected and will be enforced to the fullest extent of the law, by the United States and by the State of California.
These Terms and Conditions permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website. This means that you may only view or download content from the Website for your own use and must not modify copies of any materials from the Website or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Cookies
To enrich and perfect your online experience, FlyBuds uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. FlyBuds uses cookies to help the Company identify and track visitors, their usage of flybuds420.com, and their website access preferences. The Company’s visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using FlyBud’s website, with the drawback that certain features of FlyBud’s website may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to FlyBud’s use of cookies.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. By accessing this website, you agree not to use it maliciously, or for the purpose of exploiting, harming or attempting to exploit or harm minors, or any other individuals in any way. This includes exposing minors to inappropriate content, or using our website, Company name, employee, or any other associate for unconsented marketing, advertising, chain letters, spam, or any other materials that may be deemed solicitation or otherwise unwanted.
You are prohibited from using the website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You are prohibited from using our website in any manner to introduces viruses, or any technologically malicious malware.
Terms of Sale
All purchases through our Website or other transactions for the sale of goods, services, or information formed through the Website, Company, or resulting from visits made by you, are governed by these Terms and Conditions. Additional terms and conditions may also apply to specific portions, services, or features of the Website. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email/text message. You have the option to cancel your order at any time before we have sent your order confirmation email/text message by calling or emailing our Customer Support team.
Limitations to Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Force Majeure
Limitations to Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration Clause
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions, our Privacy Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Contact Information
If you have any questions about these Terms of Service, please contact us via email at info@flybuds420.com